Altice elected COA chief judge
The judges of the Court of Appeals have elected Judge Robert R. Altice Jr. to a three-year term as chief, effective Sunday.
Chief Judge Cale J. Bradford
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Online admission ceremony celebrates new lawyers, honors Justice Ginsburg
The Indiana Supreme Court hosted the Fall 2020 Bar Admission Ceremony by videoconference Monday in keeping with safeguards of hosting once events online amid the COVID-19 pandemic. Many of the speakers encouraged new Indiana lawyers to look to the example of the late Justice Ruth Bader Ginsburg.
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Virtually empty: Courts try to keep dockets moving amid pandemic
Like the rest of the world, the judiciary has been walking a tightrope for the last six weeks, trying to keep courts open while protecting judges, staff, lawyers, litigants and the public from COVID-19 exposure.
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Panel favors retention of all 13 Marion Superior judges
The Marion County Judicial Selection Committee has unanimously voted to recommend retention of all 13 Marion Superior judges whose names will be on the ballot in November.
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Articles
Judicial or legislative? COA continues to face gender-marker cases, asks justices to step in
Can a Hoosier change his or her birth certificate to reflect his or her preferred gender marker? Depends on which Court of Appeals of Indiana judge you ask.
Justices deny transfer in 24 cases, including case regarding conviction for crime defendant ‘did not commit’
The Indiana Supreme Court denied transfer to 24 cases for the week ending Dec. 2, including one case that split the court.
COA: Gender marker changes for trans children not covered under state statute
The Court of Appeals of Indiana is continuing to wrestle with requests to change legal documents for transgender children, parting ways with its own precedent and finding that trial courts cannot order a gender-marker change.
COA: Mistake of fact not enough to overturn seizure of drugs
Even though the driver was pulled over on a private roadway, the drugs seized as a result will still be admitted as evidence after the Court of Appeals of Indiana found the traffic stop was a mistake of fact and not a mistake of law.
Appellate court sides with county attorney in defamation suit despite anti-SLAPP claims
An elected LaPorte County official did not convince the Court of Appeals of Indiana that a defamation suit brought against him by the county’s attorney should be dismissed under Indiana’s anti-SLAPP law.
COA: Carmel not liable for alleged negligence by parks department employees
A mother who sued the city of Carmel after her child was allegedly bullied and “pseudo sexually assaulted” during a camp put on by the local parks department has not convinced the Court of Appeals of Indiana that the city should be held liable.
Multimillion dollar award evaporates under COA review of policy language
A contractor awarded $5.2 million in damages in a personal injury settlement lost most of it after the Court of Appeals of Indiana found the use of “you” and “your” in the insurance policy did not entitle the contractor to indemnification.
COA dismisses appeal from landowner who didn’t timely appeal appropriation proceedings
A man who didn’t like the offer county officials made to acquire a portion of his land failed to appeal in a timely manner, the Court of Appeals of Indiana has ruled.
‘Strength under control’: Justice Molter honored during robing ceremony
Hands clasped with a soft smile on his face, Justice Derek R. Molter sat in the front row of a packed courtroom facing his empty seat on the Indiana Supreme Court bench.
COA upholds admission of evidence found on juvenile after police chase
A minor who was found with drugs and a handgun after he ran from police has failed to convince an appellate panel that the evidence found on his person should be suppressed.
COA rules for distillery in spirited legal battle with distributors
The sale and distribution of alcohol — or lack thereof — sat squarely in the middle of a legal battle fought between the product’s manufacturer and distributors, with the Court of Appeals of Indiana ruling for the beverage producer.
COA splits in reversing delinquency adjudication for auto theft
A split appellate panel has reversed a teen’s delinquency adjudication for auto theft, finding insufficient evidence to support the adjudication.
COA rules dispute over agreement with former Celadon Group must move to Delaware courts
The Court of Appeals of Indiana has reversed a decision against the now-bankrupt Celadon Group, forcing a trucking company that tried to purchase certain assets from the Indianapolis-based business to refile its complaint in the state of Delaware.
In ‘rare circumstances,’ split COA reverses denied PCR petition for man convicted of drug crime he didn’t commit
Although neither trial nor appellate counsel proved ineffective in a man’s drug-related case, a split Court of Appeals of Indiana has reversed the denial of the defendant’s petition for post-conviction relief after finding he was convicted of a crime he did not actually commit.
COA denies appeal, cross-appeal in stepdad’s child molesting case
A convicted child molester has failed to convince the Court of Appeals of Indiana that a mistrial should’ve been granted in his case due to an errant PowerPoint slide and the replaying of his victim’s testimony to the jury. However, the appellate court also denied a cross-appeal by the state challenging the denial of its request to classify the man as a credit-restricted felon.
COA affirms machine gun adjudication for teen who had pistol with ‘Glock switch,’ reverses 2nd adjudication for double jeopardy
A teen arrested for possession of a modified pistol will not shake his machine gun adjudication but has convinced the Court of Appeals of Indiana that a juvenile court violated double jeopardy principles when it also tacked on a possession-of-a-dangerous-firearm offense.
Lake County Council can have power over county purchasing, data collection, COA affirms
A dispute over who can make purchasing decisions and collect data for Lake County has been resolved in favor of the Lake County Council, despite opposition from the county’s commissioners.
Insurer wrongly denied $10K to woman after crash, COA rules
An Indiana woman seriously injured in a car crash was wrongfully denied $10,000 in uninsured motorist coverage from her insurer, the Court of Appeals of Indiana affirmed Tuesday. The insurance company’s actions also led the appellate court to question whether it acted in good faith.
Split COA reverses CHINS determination despite mother’s mental illness
A mother with a history of mental illness and trouble with the law will regain custody of her children after a split panel of the Court of Appeals of Indiana determined there was insufficient evidence to prove her kids were CHINS. But a dissenting judge expressed concern about the children incurring their mother’s “wrath” if left in her care.